New Jersey Car Accident Laws
Last reviewed June 2026
Quick answer. New Jersey is a no-fault state. You have 2 years to file a personal injury claim (N.J.S.A. 2A:14-2), and the state follows modified, 51% bar negligence (N.J.S.A. 2A:15-5.1). Minimum liability coverage is 35/70/25.
New Jersey Car Accident Quick Facts
| System | No-fault |
|---|---|
| Filing deadline | 2 years (N.J.S.A. 2A:14-2) |
| Fault rule | Modified, 51% bar (N.J.S.A. 2A:15-5.1) |
| Threshold to sue | Verbal threshold (Limitation on Lawsuit) under N.J.S.A. 39:6A-8: six categories including death, dismemberment, significant disfigurement, displaced fracture, loss of fetus, and permanent injury by objective evidence. The No Limitation option removes the threshold. |
| Minimum liability | 35,000 / 70,000 / 25,000 as of January 1, 2026 (up from 25/50/25), with UM/UIM minimums of 35/70, the final phase of a multi-year reform |
| Helmet law | New Jersey has a universal helmet law. |
Fault and Insurance in New Jersey
New Jersey is a no-fault state under N.J.S.A. 39:6A-8. Every standard policyholder picks one of two tort options. The Limitation on Lawsuit option (the verbal threshold) bars pain-and-suffering claims unless the injury fits one of six categories: death, dismemberment, loss of a fetus, significant disfigurement or scarring, displaced fracture, or permanent injury proven by objective medical evidence. The No Limitation on Lawsuit option preserves full suit rights at a higher premium.
Minimum liability coverage is 35,000 / 70,000 / 25,000 as of January 1, 2026 (up from 25/50/25), with UM/UIM minimums of 35/70, the final phase of a multi-year reform.
The Deemer statute (N.J.S.A. 17:28-1.4) can apply New Jersey PIP and the verbal threshold to an out-of-state policyholder whose insurer does business in New Jersey while their vehicle is used here.
How Shared Fault Works in New Jersey
New Jersey applies modified comparative negligence with a 51 percent bar, meaning you recover only if you are 50 percent or less at fault, with your award reduced by your share, codified at N.J.S.A. 2A:15-5.1. Insurers know these rules and often try to shift blame to cut what they pay, so understanding how fault is decided matters to the outcome.
The Filing Deadline in New Jersey
Under N.J.S.A. 2A:14-2, you generally have 2 years from the date of the crash to file a personal injury claim in New Jersey. Waiting risks both the deadline and the loss of evidence.
Motorcycle Helmet Law
New Jersey has a universal helmet law. All operators and passengers must wear an approved helmet.
Leading New Jersey Cases
- DiProspero v. Penn, 183 N.J. 477 (2005) and Serrano v. Serrano, 183 N.J. 508 (2005), which removed the old serious-life-impact test and focused the verbal threshold on the statutory injury categories
- Soto v. Scaringelli, 189 N.J. 558 (2007), on what counts as significant scarring or disfigurement
Local Context
Crashes happen across New Jersey, from Newark, Jersey City, Paterson, Elizabeth to smaller towns and rural routes. Injury claims are typically handled through the New Jersey Superior Court, Law Division, and driver and crash records run through the New Jersey Motor Vehicle Commission (MVC).
Talk to an Accident Attorney in New Jersey
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Frequently Asked Questions
What Is the Deadline to File a Car Accident Claim in New Jersey?
New Jersey allows 2 years from the date of the crash for most personal injury claims, under N.J.S.A. 2A:14-2. After that, the claim is usually barred.
Is New Jersey a No-Fault or At-Fault State?
New Jersey is a no-fault state under N.J.S.A. 39:6A-8. Every standard policyholder picks one of two tort options. The Limitation on Lawsuit option (the verbal threshold) bars pain-and-suffering claims unless the injury fits one of six categories: death, dismemberment, loss of a fetus, significant disfigurement or scarring, displaced fracture, or permanent injury proven by objective medical evidence. The No Limitation on Lawsuit option preserves full suit rights at a higher premium.
How Does Fault Affect My Recovery in New Jersey?
New Jersey follows modified comparative negligence with a 51 percent bar, meaning you recover only if you are 50 percent or less at fault, with your award reduced by your share (N.J.S.A. 2A:15-5.1).
What Is the Minimum Car Insurance in New Jersey?
The minimum liability coverage in New Jersey is 35,000 / 70,000 / 25,000 as of January 1, 2026 (up from 25/50/25), with UM/UIM minimums of 35/70, the final phase of a multi-year reform.
Related Guides
- No-fault vs at-fault states
- Statute of limitations by state
- Serious injury and verbal thresholds
- Motorcycle accident laws by state
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